SHIVDEEN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is working as Assistant Teacher in L.T. Grade on permanent basis. There are 11 sanctioned post of lecturer in the institution in question. Submission is that on account of retirement of one Ramswaroop Shahu, the lecturer on 30.6.2014 the post became vacant. The Committee of Management of the institution has sent a requisition for direct recruitment against the vacant post. The said requisition was examined by the District Inspector of Schools on 26.12.2014 and after analysis of the position of the vacant post and the number of lecturers working in the institution, it was found that the said vacant post of lecturer falls within 50% promotion quota, therefore, a direction was given to the Committee of Management to send the resolution for promotion of the senior most Assistant Teacher in the institution. However, despite directions given by the District Inspector of Schools, the Committee of Management again on 21.1.2015 passed a resolution for sending the requisition to fill up the vacant post by direct recruitment from reserved OBC category candidate.

(3.) SUBMISSION is that the resolution of the Committee of the Management is not in conformity with the Act. The post cannot be filled by direct recruitment. The petitioner has represented to the Joint Director of Education, Jhansi Division, Jhansi.